Estate of Juneau v. Tudor Construction Co.

KNOLL, Judge.

Plaintiff, Elva Juneau, appeals the judgment of the Office of Worker’s Compensation, which denied her death benefits after her husband, Floyd Juneau, suffered a fatal heart attack. The hearing officer concluded that Floyd's death did not arise out of his employment with defendant, Tudor Construction Company. Elva urges that the hearing officer committed manifest error in applying the wrong legal standard of proof. She also requests penalties and attorney’s fees for the arbitrary and capricious failure of defendant, Continental Insurance Company, to pay benefits.

For reasons which…